Evidence given in former President Donald Trump's business records case in New York included official communications from the White House and warrants a retrial given the Supreme Court's opinion on presidential immunity, Will Scharf, one of his trial lawyers, argued on Newsmax on Tuesday.
"One of the aspects of the Supreme Court's opinion yesterday is a holding that immune acts for which a president has immunity cannot be used as evidence to support the prosecution of in this case, a former president, even for non-immune acts," Scharf told Newsmax's "Wake Up America."
Scharf's comments come after he and other Trump attorneys sent a letter to trial Judge Juan Merchan on Monday, citing the court's ruling and asking him to delay the former president's sentencing date until he considers how the decision could affect the conviction.
The case against Trump involved "admittedly private conduct" that he did not do while president, said Scharf, "but some of the evidence introduced during that trial would actually fall squarely within the Supreme Court's immunity holding yesterday."
Merchan, he added, should have recused himself from the case, as he was "irretrievably conflicted."
"He hasn't given us much love during the pendency of this trial," Scharf said. "But we think this legal issue is pretty open and shut. The Supreme Court said yesterday that they are not allowed to use as evidence immune acts, and there were immune acts that were introduced as evidence. So we believe that warrants a mistrial and, potentially, a retrial."
He added that there were also "so many constitutional irregularities in that New York trial."
"We feel as though our chances on appeal are very, very strong, so we'll see how this plays out in the coming weeks," said Scharf.
Meanwhile, Scharf, who is campaigning for attorney general in Missouri, commented that he believes the Supreme Court was "trying to reestablish some normalcy" in the face of the "Biden campaign of lawfare against President Trump."
"The situation that we're dealing with is absolutely absurd," he said. "Joe Biden and his allies seem committed to contesting this election in the courtroom instead of at the ballot box, and that's just wrong."
Scharf insisted that Trump will not be going to jail, even though the "political actors on the left are in full panic mode" over Biden and he fears what will happen as a result.
"I think there's a real desperation setting in on the left, and lawfare may be the only card they have left in their hand," he said. "That's a very scary situation for the republic and that's why we're going to keep fighting for President Trump."
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